I have been renting a townhome for close to two years. Lately ive had some personal issues preventing me from paying on time. I have, however, been in contact with the owners, and have made them aware of my issues. At the same time, ive received letters threatening eviction, and reporting me to the credit bureau. I have no problems with these people, and they seem nice everytime we talk. With that said, there is one more thing. There is NO rental agreement. There is nothing legally binding me to make the payment at all. I do live here, and plan to move out very soon.
Is there any advice anyone can give me at all. This is worrying me a little more than it was a couple days ago. Could these people forge, or fake a rental agreement?
What are your thoughts? Any feedback would be appreciated. I would be grateful for anything at this point.
2007-11-29 11:32:05 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
while you may not have a written agreement, you state will have statute on landlord tenant relationship which you clearly have established by paying rent for two years
that statute will guide what kind of rights the landlord has and your rights but basically it will revert to a month to month with state statute outlying the rights of each party
2007-11-29 11:38:13 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
COULD they forge a rental agreement? Of course. Would it do them any good? Nope.
They're within their rights to evict you if you're not paying the rent. In some instances, I do an eviction even if the tenant promises to pay, to protect my owner in case they fail to come in when they promise. Which seems to be the rule these days.
Anyway, I think you did the right thing telling them about your situation- most tenants DON'T. Give them what you can, even if it's $25. But don't forget to give a WRITTEN 30 day notice if you are planning to move. They'll probably understand if you say your personal issues prevent you from continuing your month to month tenancy. Include some kind of assurance that you'll pay the rent you owe, including some kind of payment plan if needed.
With regards to not having anything legally binding you to pay, yes, you do. You LIVE there. ;>
2007-11-30 07:15:13 · answer #2 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
You will need to check the rental laws in your state. If it goes as far as you getting served an eviction notice, copies of your canceled checks become evidence that there was an implied agreement.
In all states there is a legal procedure for eviction. You will be served with a notice to appear in court, at which time you should bring all your documentation (ie... canceled checks) with you to that court appearance.
If you haven't paid your rent, and you are not able to come to some agreement with the landlord in the court room, you will be given a date on which you must be out of the premises. That is often enforced by the sheriff's department. The length of time you have to vacate will depend upon the state you reside in. It could be from 24 hrs to a week or more.
You can call a local real estate attorney, or contact your state's attorney generals office for a referral on where to get the state laws regarding tenant evictions.
2007-11-29 19:48:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Please, Never do this again. It may seem to be in your best interest at the time but, over years I have seen it to be against it for the tenant.
Get everything in writing spelled out and never trust that the owner won't change or the manager won't quit you see how this could go bad fast if it had happened?
I am including a link to the laws that govern your situation so you can study up. You are called a tenant-at-will. By them giving you eviction notice they are within their rights to follow through with the eviction process. If you are leaving you should give them the same kind of notice-that you will be leaving and do it in writing! It seems they know how to conduct business they just have a fear of confrontation.
2007-11-29 19:40:45 · answer #4 · answered by helprhome 5 · 0⤊ 0⤋
You are incorrect in thinking you do not have an agreement. In the absence of a written agreement, you default to a statutory lease as defined under the laws of the state in which you live. Check your state's laws concerning month-to-month tenancies, and I think you will be surprised to see that you do, indeed, have a statutory lease and that the landlords can enforce same.
2007-11-29 20:56:11 · answer #5 · answered by acermill 7 · 0⤊ 0⤋
Essentially, a verbal agreement is just as binding as a written contract concerning landlord/tenant contracts.
My advice: pay them what you owe them and move out asap.
Also, don't be afraid to meet with them in person a strike a deal with them concerning your back-rent. Don't be afraid to deal and make it better for you. However, they do have legal remedies and it will not look good for you.
Good luck.
2007-11-29 19:43:30 · answer #6 · answered by fenx 5 · 0⤊ 0⤋
If there was an original lease agreement that has expired, you are now on a month to month lease by default. A month to month lease is a legal, binding and enforceable lease.
The month to month lease terms are in your original lease agreement.
2007-11-29 23:14:55 · answer #7 · answered by !!! 7 · 0⤊ 0⤋